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randy queen

In 2011 I stood against the the Stop Online Piracy Act (SOPA) and its sister legislation the Protect Intellectual Property Act (PIPA) partially because the legislation was poorly thought out, partially because the current Digital Millennium Copyright Act (DMCA) system is flawed and broken, and partially because the legislation would be used to stifle criticism. The site Escher Girls is currently a prime example of how DMCA/copyright claims, can be used in a negative way.

The DMCA was signed into legislation in 1998 by then President Clinton, the legislation was flawed then, and remains so. One of the most glaring is the lack of real penalties for making false claims (though there is threat of perjury). Part of the legislation lays out the process by which take down notices take place. Websites/web services/web platforms are given protection from prosecution if they remove material that is claimed to be offending and violating copyright. This is why Google doesn’t get in trouble, but takes down material when asked. In this situation, the web platform involved is Tumblr. Google also releases handy information on how many, and by whom and for what, requests are made.

Randy Queen is the artist of Darkchylde, one of the many characters and series to spring from Image Comics in the 1990s. The character generally was depicted in the unrealistic/distorted poses, a style some like, and others not so much. Enter Escher Girls, a blog dedicated to showing this off and critiquing the art. That critiquing part is important. According to a post on the Escher Girls website, they received a DMCA take down notice to remove their posts critical of Queen’s work. Escher Girls has also been contacted by other sites that had the same thing done. They later updated their post that Queen had also allegedly requested a DMCA take down of the article about Queen’s use of DMCA take downs. Tumblr didn’t give in to that request. Other websites that are more positive about Queen have images still up.

Here’s a screen cap of the notification from Tumblr.

Queen then went so far as to send an email to the site threatening legal action if they “didn’t put a stop to all of this,” and claiming the site was defaming him by saying “he was using the DMCA to stamp out criticism of his artwork.”

Here’s the text of that email:

Dear Eschergirls and Kim,

I would encourage you to put a stop to all of this. I have no problem getting legal involved for defamation, and for your various allegations on your takedown notice thread, and am happy to send a formal cease and desist letter from my lawyer.

Instead of simply removing the content you do not have the right to electronically distribute, you wish to push further, and publicly challenges my right to protect the perception of my IP as it exists today.

At this point, I will ask you to please move along, as no good will come of this.

Additionally, instead of taking shots at art someone did 18 years ago while they were still learning – which are no longer representative of their current art style or direction for their character – I encourage you to spend your time and energy on creating your own characters and comics which you can make your own personal sacrifices to bring to the world.

Sincerely,
~R

A search for #darkchylde on Tumblr shows two things. The first is, there’s still numerous positive posts about his art still up on the web platform. The second is, that the action has backfired on him, quickly catching first leading to massive criticism about his action.

Here’s where Queen’s actions really fail. Escher Girls was criticizing his work under Fair Use. Fair Use is “is a doctrine that permits limited use of copyrighted material without acquiring permission from the rights holders. Examples of fair use include commentary, search engines, criticism, parody, news reporting, research, teaching, library archiving and scholarship”

This is the actual language from the Copyright Act of 1976:

17 U.S.C. § 107

Notwithstanding the provisions of sections 17 U.S.C. § 106 and 17 U.S.C. § 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include:

the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

the nature of the copyrighted work;

the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

the effect of the use upon the potential market for or value of the copyrighted work.

The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

Escher Girls used a snippet of the work, and was used as criticism. Pretty clearly falling into Fair Use. As TechDirt points out Queen needs to familiarize himself more with copyirght law. In his email he states:

…publicly challenges my right to protect the perception of my IP.

Unfortunately there is no right to protect perception of your IP. Perception is how an individual views your IP. Even if the initial take down didn’t fall under Fair Use, the then discussion of the art, or the follow up emails have nothing to do with DMCA. That’d fall into thought police, and we as individuals are afforded the right to free speech (though that is limited in some extreme cases).

We’ve had some DMCA issues in the past as a site. Scribd currently employs a flawed system that catches previews sent to us by publishers. We had the lawyers of a major company send a DMCA take down for a video their publicist sent us to post, and had it taken down on YouTube. We’ve seen another blog make a claim for a video they didn’t own also sent out by a publicist. The current system is broken, and this is just another example that reform needs to happen.

The last time there was a mention of Queen on this website was 2011, and that was for a solicit for Darkchylde trade. All Randy Queen has done with all of this is up his profile… in a negative way.

Update: Queen has since issued a statement apologizing for his actions. You can read it below.

Just wanted to clear up a few things that happened this past week. I have been having a very hard time in my personal life with the loss of my mother and my marriage having fallen apart and found myself in a very vulnerable and fragile state of mind. There were posts on the web criticizing my artwork that were brought to my attention and added to my stress. I reacted without thinking it through, but have now stopped, realizing my response was the wrong one to take. I am doing my best, each day, to get myself back on my feet and getting my life in a better place and realize now that I have just try to move on and get back to my art, the thing I find the most joy in these days. I want to thank those professionals, friends and family who have been giving me their support, understanding and love.

LOS ANGELES, Calif., October 28, 2010 – With Halloween weekend upon us, join Top Cow Productions, Inc. in their home city of Los Angeles at the second annual Long Beach Comic Con, October 29-31, at the Long Beach Convention Center.

Meet the Top Cow team and creators at booth #212 for convention exclusives, preview books and free goodies, and celebrate the success of this year’s action-packed event series Artifacts, launch of Echoes and the kick-off of the Pilot Season 2010 voting period with them.

Fans who stop by the booth will be among the first to launch the Pilot Season 2010 voting period. At voting stations, attendees can decide who deserves a series of their own: a group of bank robbers, a femme fatale of the digital age, a former assassin for the CIA, a doctor working at a pharmaceutical company, or an ex-pat who made a del with a demon. Several creators for this year’s Pilot Season will be on-hand to sway your vote.

Top Cow publisher Filip Sablik is hosting a panel on Saturday, October 30, Top Cow: We Create…Competition, at 3:00-3:45pm in Seaside Ballroom B. Join Sablik and a host of Top Cow creators as he walks attendees through what the Cow has in store for you in 2011, including the next arc in Artifacts and Magdalena, Top Cow mainstays Witchblade and The Darkness, what’s coming out first at Minotaur Press, and more. Panelists include Broussard, Mitchell, Levin, Fialkov, Ekedal and Loverd. All attendees will receive a free gift!

At the Top Cow booth #212, the publisher will have the following new products available for fans: Witchblade #139 Long Beach Comic Con exclusive cover by Randy Queen and Sarah Queen, two Halloween lithographs by the Queens and Stjepan Sejic. Additionally, Top Cow will have several exclusive trade paperback bellyband packages.

About Top Cow Productions Inc.

Top Cow Productions, Inc. (www.topcow.com), a Los Angeles-based entertainment company, was founded in December of 1992 by artist Marc Silvestri, who also co-founded Image Comics earlier that same year. Top Cow currently publishes its line of comic books in 21 languages in over 55 different countries. The company has launched 20 franchises (18 original and two licensed) in the industry’s Top 10, seven at #1, a feat accomplished by no other publisher in the last two decades. Its flagship franchise, WITCHBLADE, was TNT’s #1 original film of 2000 and the subsequent TV series was released on DVD on July 29, 2008. WITCHBLADE is also the first American property to be fully adapted in Japan as an original anime and manga by Studio GONZO in 2006. Top Cow’s other flagship property, THE DARKNESS, was developed into a major next-generation video game release by Starbreeze and 2K Games and achieved platinum sales status. WANTED, an Eisner-nominated miniseries published by Top Cow from 2003-2005, is now a major motion picture from Universal Pictures starring Angelina Jolie, James McAvoy and Morgan Freeman. Virtually all of Top Cow’s other properties are in development as feature films, live-action television, animation or video games. Top Cow has also successfully licensed and merchandised its franchises into toys, statues, clothing, lithographs, puppets, posters, magnets, shot glasses, lighters, lunch pails, wall scrolls, mouse pads, die-cast cars, calendars, Christmas ornaments, Halloween masks, trading cards, standees, video games and roleplaying games.

Discover the series that has everyone buzzing with this introductory priced trade paperback collection released to coincide with the beginning of the second chapter of the yearlong event! Separately, thirteen mystical Artifacts will guide the fate of the Universe. Together, thirteen Artifacts will end the Universe. When a mysterious antagonist kidnaps, Hope, the daughter of Sara Pezzini and Jackie Estacado, Armageddon is put into motion. Starring virtually every character in the Top Cow Universe, this is a series for diehard fans and new readers alike.

Written by Top Cow Universe architect Ron Marz (Witchblade, Magdalena) and featuring art by Michael Broussard (The Darkness), this volume collects Artifacts #1-#4 along with the Free Comic Book Day #0 issue and a beautiful cover gallery, behind-the-scenes extras, and much more!

“I have a feeling this book is going to be huge.” – 4.5 out of 5 stars – Comicvine

Full Color 160 pages $9.99 trade paperback

Expected Ship Date – November 17th, 2010

Artifacts #1 Second Printing

(W) Ron Marz (A) Michael Broussard (Cov) Michael Broussard

For fans who missed out on Artifacts the first time around, Top Cow offers this special wraparound cover second printing of the landmark first issue.

Full Color 32 pages $3.99 limited series

The Darkness #89

(W) Phil Hester (A) Sheldon Mitchell (Cov) Bane

Outer Darkness, Part 1 of 6!

With the threat of the Sovereign finally removed from his life, Jackie believes he can get some well-deserved rest. Beaten and worn down, Jackie simply wants some brief peace. But just as he believes he has a grasp on the true nature of The Darkness, Jackie’s world is opened up to another dimension all together. And with it, the Darkness War begins…

Get this gorgeous wraparound convention variant cover by artists Randy & Sarah Queen, previously available exclusively at Comic-Con International in San Diego. Quantities are limited, allocations may occur.

Full Color 48 pages $15.00 Convention Exclusive

The Darkness: Four Horsemen #4 (of 4)

(W) David Hine (A) Jeff Wamester (Cov) Jeff Wamester

The Darkest Tale of The Darkness Yet!

Apocalypse has come to Ginsberg, CA! Two ominous powers arrive in town, one of ultimate light and the other of deepest darkness, and Jackie Estacado is trapped between them. The Four Horsemen are ascending to their full power. Can Jackie muster the power to prevent the end of the world?

From David Hine (Batman: Arkham Asylum) and up-and-coming artist Jeff Wamester (Frenemy of the State).

Full Color 32 pages $3.99 limited series

Expected Ship Date – November 10th, 2010

Magdalena #5 (of 13)

(W) Ron Marz (A) Nelson Blake II (Cov) Ryan Sook

The Penultimate Chapter in Patience’s Return!

When Patience, the latest in a long line of The Magdalena, bearer of the Spear of Destiny, and Kristof, her mentor and Knight of Malta, confront the demonic cult in ancient catacombs they soon find themselves overwhelmed. Patience has been told that Magdalena bearers tend to lead short lives and she is about to find out why first hand.

Full Color 32 pages $3.99 ongoing series

Expected Ship Date – November 3rd, 2010

Witchblade #143
(W) Ron Marz (A) Stjepan Sejic (Cov) Stjepan Sejic

Tiamat, Part 4 of 4!

Sara knows that it is always darkest before the dawn, but this time, the combined toll of the “War of the Witchblades,” the death of her sister Julie, the kidnapping of her daughter Hope, and now the relentless onslaught of the God-Queen Tiamat on New York may prove to be too much for even the bearer of the Balance to overcome.

Debuting at Comic-Con International in San Diego, Top Cow releases its first Addendum to the Top Cow Bible. Featuring over 25 new properties and series overviews accompanied by stunning brand new art from artist like Marc Silvestri, Dale Keown, Kenneth Rocafort, Jeffrey Spokes, Erik Jones, Jorge Lucas, and many more. This is a must have for any true Top Cow fan. Find out how “We Create…”

Get this stunning sketch convention variant cover by series artist Kenneth Rocafort, previously available exclusively at Comic-Con International in San Diego. Quantities are limited, allocations may occur.

Alex O’Roark, the FBI’s top tracker, has his perfect life ripped to shreds when a case to capture the world’s most dangerous serial killer leads him straight into the maw of a werewolf. Now, keeping his secret from his gorgeous fiancé and the FBI, he must hunt down the wolf that infected him before the disease turns him into a monster.

“All in all, I was pleasantly surprised with Tracker, and look forward to more.” – Newsarama

“It’s mature and gritty, yet mysterious and supernatural, allowing the reality to lead the fiction into believable circumstances.” – Fangoria

“The book manages to take a basic serial killer story and give it a twist” – Player Affinity

“Lincoln’s writing is concise, and easy to follow, but never oversimplified.” – Geeks of Doom

Full Color 144 pages $14.99 trade paperback

Expected Ship Date – November 24th, 2010

HVE 2011 San Diego Comic-Con Exclusive Preview Book

(W) Various (A) Paolo Pantalena, Eric Basaldua (Cov) Paolo Pantalena

Find out the exciting new series in store from Heroes and Villains Entertainment and Top Cow Productions in 2011 in this exclusive preview book, first offered only at Comic-Con International in San Diego. Included in this preview book are first looks at Epoch, Son of Merlin, and Netherworld.

LOS ANGELES, Calif., July 19, 2010 – Comic-Con International in San Diego is days away and Top Cow Productions, Inc. is excited you’ll be spending time with us. Below are several creators who are just as thrilled that you’ll be making a stop at the Top Cow Booth #2629:

PLEASE NOTE: All dates/times are subject to change. Sketch tickets will be available at the beginning of each day of the show. Sketch tickets are limited one per fan per day. Fans must be present at the appointed signing time to redeem their sketch ticket. Not all artists appearing at the Top Cow booth will offer free sketches and fans should inquire at the booth on the morning they plan to get a sketch for availability.

Be sure to check out the Top Cow “We Create” Multimedia panel on Saturday, July 24 at 1:30-2:30pm in Room 9 as well.

For up-to-date information on Top Cow’s plans at Comic-Con International in San Diego, please visit www.topcow.com or follow us on Twitter (@TopCow).

LOS ANGELES, Calif., July 14, 2010 – Top Cow Productions, Inc. is proud to announce their exclusive offerings at this year’s Comic-Con International in San Diego, which includes an exclusive wraparound cover variant to the publisher’s most ambitious project-to-date, Artifacts.

Attendees of the convention have a chance to grab the following exclusives at the Top Cow booth #2629:

Thirteen mystical Artifacts, including the Witchblade, the Darkness and others, guide the fate of the Top Cow Universe. For centuries, it’s been whispered that bringing together all 13 Artifacts would herald mankind’s destruction. But a mysterious figure has been manipulating events, laying plans to put Armageddon into motion. The final phase begins here, with the abduction of Hope, the daughter of Sara Pezzini and Jackie Estacado. What ensues will remake the entirety of the Top Cow Universe, from the Witchblade and the Darkness, to the Angelus, Magdalena, and countless others. Artifacts #1 is the perfect place for faithful readers to see their loyalty pay off, and for new readers to experience the Top Cow Universe. And this exquisite variant cover is the perfect way to commemorate a trip to Comic-Con International.

Carin Taylor is the fastest woman in the world. At least, she’d better be if she wants to save her own life and the lives of her Cyberforce teammates. When a former Cyberdata scientist — and test subject — seeks revenge against the members of Cyberforce, only Velocity can save her friends before the clock literally runs out. Bringing together writer Ron Marz (Witchblade, Angelus) and artist Kenneth Rocafort (Cyberforce/Hunter-Killer) for the first time. This fun-filled variant cover conveys Carin’s own sense of whimsy and snappy wit; and like Velocity herself, these covers will soon be gone!

A new armor for Jackie Estacado, the bearer of The Darkness, and a new beginning for Ariel Chylde, the girl who can become creatures from her nightmares! Jackie intercepts a physic plea for help, and frees Ariel from a self imposed, seven-year exile. But what happens when these fan favorite monster makers encounter a new threat that can create anything? Find out this Christmas, when things get dark! Guest starring Witchblade! Created especially for Comic-Con International, Randy and Sarah Queen present this stunning wraparound cover with a virgin front cover showcasing The Darkness and Darkchylde.

Two of Top Cow’s top teams return! Fan favorite writer Mark Waid (Irredeemable, Amazing Spider-Man) and artist Kenneth Rocafort (Madame Mirage) weave a tale of conspiracy, high-octane action, and next-gen technology in a crossover with consequences. The members of Cyberforce and the Hunter-Killer squad must team up to stop Cyberdata and Morningstar from taking control of the world’s information networks with the Jett™. Don’t miss the opportunity to pick up this extremely limited hard cover edition and get it signed by both Waid and Rocafort!

Produced by Milo Ventimiglia and DiVide Pictures!
The lives of Aaron and Farris, two young and completely different men, are turned upside down when they discover an animalistic and uncontrollable rage living inside them. Meanwhile, two mysterious organizations seek them out for their newfound strength and power for their own purposes. But what good is strength and power when you can’t tell friend from foe? Don’t miss the opportunity to pick up this extremely limited hard cover edition and get it signed by the entire creative team!

Fans who are unable to attend the show can still purchase the exclusives at a later date online at www.thetopcowstore.com, while supplies last, starting in September. However, there is a limited number of each item, so fans are encouraged to visit the Top Cow booth #2629 early to purchase their SDCC exclusives.

For up-to-date information on Top Cow’s plans at Comic-Con International in San Diego, please visit www.topcow.com or follow us on Twitter (@TopCow).

BE AMONG THE FIRST TO START THE ARTIFACTS JOURNEYTOP COW AT COMIC-CON INTERNATIONAL 2010

LOS ANGELES, Calif., July 12, 2010 – Top Cow Productions, Inc.’s race to Artifacts will include a stop at this year’s Comic-Con International in San Diego, California, the world’s biggest and most exciting popular convention, from July 22nd – 25th.

Top Cow will once again storm into the convention and set up shop at booth #2629. Among the goods to prepare attendees of CCI 2010 for the race to Artifacts will be exclusives, preview books, free goodies, variant comics and trade paperbacks, including free copies of Artifacts #0 as well as other comics, posters and bookmarks (while supplies last).

Attendees are invited to join Marc Silvestri (Dark Avengers/Uncanny X-Men: Utopia), President Matt Hawkins, and Publisher Filip Sablik for an exciting and lively multimedia presentation about Top Cow’s plans for 2010 and 2011 in comics, film, television and much more. Be the first to hear announcements and updates on film projects including Witchblade, Magdalena, Alibi, Wanted, and The A-Team. Plus announcements on new comic projects with creators including Ron Marz (Artifacts), Jeff Katz (American Original, Freddy vs. Jason), Phil Hester (The Darkness) plus surprise guest directors, screenwriters, producers and more! The panel will be featured in room 9 from 1:30-2:30pm under the title Top Cow: “We Create” Multimedia, on Saturday, July 24th.

The schedule for signings as well as portfolio reviews at Top Cow booth #2629 will be released at a later date and will be available online at www.topcow.com as well as at the booth at the start of each day.

Fans should note that because of anticipated crowding issues; artists appearing at the Top Cow booth will only be able to do a limited amount of free sketches per sitting. Sketch tickets will be available at the beginning of each day of the show. Sketch tickets are limited one per fan per day. Fans must be present at the appointed signing time to redeem their sketch ticket. Not all artists appearing at the Top Cow booth will offer free sketches and fans should inquire at the booth on the morning they plan to get a sketch for availability.

Also at the Top Cow booth #2629, the publisher will offer several items exclusive to Comic-Con International including three convention variant cover comic exclusives, two limited edition hardcovers, and an unannounced bargain-priced anthology book.

Fans who stop by the booth will be among the first to grab a copy of the debut issue to mega-event series, Artifactsby Marz and Broussard. Artifacts promises to be Top Cow’s most ambitious series to date and will weave together story lines from a number of Top Cow titles, including Witchblade, The Darkness, Angelus and Broken Trinity: Pandora’s Box. It has been known for some time that thirteen mystical Artifacts guide the fate of the Top Cow Universe. For centuries, it’s been whispered that bringing together all 13 artifacts would bring upon mankind’s destruction. The series will begin with a mysterious figure who seeks to put Armageddon into motion. Artifacts #1 will arrive in stores on Wednesday, July 28th.

For up-to-date information on Top Cow’s plans at Comic-Con International in San Diego, please visit www.topcow.com or follow us on Twitter (@TopCow).

I know the Darkness and I’ve seen Darkchylde, but can’t say I’ve ever read a comic featuring the character. Randy Queen and Sarah Queen present The Darkness/Darkchylde: Kingdom Pain published by Top Cow. The one shot brings the two characters together to battle an evil that can create anything.

A new armor for Jackie Estacado, the bearer of The Darkness, and a new beginning for Ariel Chylde, the girl who can become creatures from her nightmares! Jackie intercepts a physic plea for help, and frees Ariel from a self imposed, seven-year exile. But what happens when these fan favorite monster makers encounter a new threat that can create anything? Guest starring Witchblade!

The story is in a very interesting style coming from Ariel Chylde’s perspective and relying heavily on her narration. Darkchylde and the Darkness battle for half the comic and the ending is very interesting. The art is pretty impressive and that alone makes worth checking out the one shot.

I’m sure there’s a lot I missed and seeing it’s Top Cow I’m positive this one shot will lead to something more. Check out below for the full review.

A new armor for Jackie Estacado, the bearer of The Darkness, and a new beginning for Ariel Chylde, the girl who can become creatures from her nightmares! Jackie intercepts a physic plea for help, and frees Ariel from a self imposed, seven-year exile. But what happens when these fan favorite monster makers encounter a new threat that can create anything? Guest starring Witchblade!

Also includes a bonus 8 page never-before-seen preview of Starfall, the highly anticipated sci-fi horror title from Randy and Sarah Queen!

Readers who pick up the Darkness/Darkchylde: Kingdom of Pain one-shot will receive a Starfall back cover in addition to a digital sketchbook. A special code on the credits page will unlock a bonus digital sketchbook at www.topcow.com.

Graphic Policy believes in journalistic integrity and transparency. We will disclose when a product has been given for free for review and/or when no cost has been incurred to the staff so that you may be able to make a fully informed decision as to the opinions provided.

When a product has been provided for free you will see disclosure at the bottom of the article. When such a disclosure does not exist, you can assume that the items have been purchased for review.

- The Management

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